Mick Barry (Cork North Central, Solidarity)
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12. To ask the Minister for Transport, Tourism and Sport if his attention has been drawn to the various industrial disputes in the UK in recent years involving bus workers and a company (details supplied) that has recently been successful in its tender application for 10% of Dublin Bus routes; and if he will make a statement on the matter. [42028/17]

Shane Ross (Dublin Rathdown, Independent)
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As I stated in my reply to Parliamentary Question No. 8 (42136/17), of 11/10/17 it is a statutory function of the National Transport Authority (NTA) to conduct the public procurement process relating to the tendering out of 10% of the PSO bus network. I am aware of industrial disputes involving the company and workers at a rail franchise it holds in the UK.

The Labour Relations Commission (LRC) recommendation of May 2015, accepted by all parties at that time, set out that in the event Dublin Bus were unsuccessful in the tendering competition that workers’ rights would be protected and that the NTA would ensure these were built into the contract with the winning bidder. Similarly, the NTA requires any transport operator who operates public transport services to act within the law, including relevant employment legislation.

It was also made clear at the LRC discussions that over a 2 to 3 year period there would be sufficient growth within Dublin Bus to absorb any drivers affected by the loss of tendered routes if Dublin Bus were unsuccessful in the competition.  Due to this anticipated growth there will be no compulsory transfer of staff associated with the result of this tender competition.

However, under the EC (Protection of Employees on Transfer of Undertakings) Regulations 2003 (known as "TUPE") Dublin Bus employees may choose to automatically become employees of Go-Ahead on the same terms and conditions. It will be as if their contracts of employment had originally been made with the Go-Ahead. Thus employees’ continuity of employment would be preserved, as would their terms and conditions of employment under their contracts of employment.